in the Matter of the Marriage of Michael Burstein and Brenda Time ( 2012 )

SET ASI1)E JUDC1EN’l’z REMANI); Opinion Filed l)ecemher 7, 2012. In The (Court of A1.41CZtI!i Fifti! 1ttritt of X6 tt J11kt6 No. 05-11-00791-CV iN TIlE MATTER OF TIlE MARRiAGE OF NIICHAEE A. BURSTEIN and BRENDA D. TIME On Appeal from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. 06-07726-V MEMORANDUM OPtION l3efore Justices Richter. Lang-Miers, and Myers The parties have filed an agreed motion to dismiss the appeal stating they have reached a settlement, and requesting we set aside the trial court’s judgment without regard to the merits and remand the cause to the trial court for rendition ofa judgment in accordance with the parties’ rule 11 agreement, which they have attached to their agreed motion to dismiss the appeal. The motion is granted. The judgment of the trial court signed on March 30, 2011 is set aside, and the cause is remanded to the trial court for rendition of a new judgment in accordance with the parties’ rule 11 agreement. See TEX. R. App. P. 42.1 (a)(2)(B). 11079 1F.P05 PER CURIAM (‘ (!Iinirt tif Appia1s ifth Jistrirf tif C!Jixai at aIta JUDGMENT IN THE MATTER OF THE MARRIAGE OF Appeal from the 303rd Judicial District Court MICHAEL A. BURSTEIN and BRENDA D. of Dallas County, Texas, (Tr.CLNo. 06- TiME 07726-V). Opinion delivered per curiam before Justices No. 05-1 l-00791-CV Richter, Lang-Miers, and Myers. In accordance with this Court’s opinion of this date, the judgment of the trial court is SET ASIDE without regard to the merits and the case is REMANDED to the trial court for rendition of judgment in accordance with the parties’ rule 11 agreement. It is ORDERED that each party bear its own costs. Judgment entered December 7, 2012. LANA MYERS JUSTICE